Delhi High Court Delivered A Landmark Judgement On Homosexuality - Will The Govt Amend Section 377 Of IPC?
It's stunning, yet real. It took nearly 148 years for wisdom to dawn on the two Judges of Delhi High Court Justice SJ Shah and Justice Muralidhar to pronounce Section 377 as violative of Art.21 which deals with personal liberty, Art.14 deals with the right to equality and Art.15 deals with the right against discrimination (on grounds of sex) of the Constitution of India. This judgement in a sense decriminalises the acts of homosexuality between the two consenting adults (i.e. beyond the age of 18) which otherwise would attract punishment ranging from 10 years to life imprisonment. However, other provisions of the Section 377 of IPC remain untouched.
Now the ball is in the government’s court. Whether to accept the judgement of the HC and bring in necessary amendment in the current session of the parliament or buckle under the pressure of religious groups like, Muslims, Christians and Hindus, and file an appeal before the Supreme Court against the order of High Court.
The reactions to the Delhi High Court judgement was mixed in the country. While Gay community celebrated it in Delhi and elsewhere along with their activists, others were up in arms especially the religious groups. Muslim clerics called homosexuality prohibited in Islam and the main source of the dangerous disease AIDS, hence unacceptable to them. The Christian priests called the act of homosexuality as unnatural to human behaviour that would disturb the society, though they have no comments on the legalisation in European countries, majority of which are Christians. Hindu priests one after another, came out with a statement that the legalisation of homosexuality would bring down the values of normal family life and the traditions. The society would stand to lose the best and well protected Hindu traditions. It’s unnatural and hence unacceptable to Hindu society. While cine celebrities welcomed it, as they will see more of "Dostanas" and "Fires" with actress Cerena Jaitely on the forefront, being an activist herself of the cause of gays in the country.
http://newageislam.com/gay-ho!-gay-ho!-homosexuality-is-legal!--/islam-and-human-rights/d/1517
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